HI, I'm a newb. Bad credit, collectors, divorce, the works. Here to learn. I have @ 3 collectors that call me every day, about every hour right now... @ 4 letters per week on the same accounts, most transferred. I am sure my score is sub 600 right now. Divorce left me with quite a few bills, even more debt piling up now, took my kids away (fighting to get them back), and more lawyer fees. I need to start taking control of my financial life, and I'm hoping to learn a lot from this forum. Thanks for reading my schpiel, and I hope I don't let too much negativity from my life leak to others
First thing to do is to get a copy of your credit reports. You may also consider requesting validation from the collection agencies harrasing you.
That's what I was thinking, but I don't know if I want to send validation letters just yet without knowing how to deal with the fires that may ensue from there.
I never answer creditor calls at this time... Should I be talking to them, or does that start a timeline?
Sorry if I have asked questions that have already been asked (I am sure they have). I'll continue to read on...
Validation letters are meant to prevent fires. This theory would apply if your requests would ensue from thirty days of your initial communications with them.
Have they sent you any written claims? If so when? Let's get some of the facts in place first. It's OK to answer the phone, just don't admit to anything. You just patiently and calmly ask them to send it all to you in writing. Tell them it is inconvenient for you to take their call at any time or anywhere. If they get abusive, take good notes; and when they stop ranting, hang up on them. If they call back again immediately answer the phone. Tell them again that it is inconvenient for you take their calls and hang up again. Keep a good record on the number of tries they make after that (Date, time, caller ID, etc.) Watch the mailbox. They are required to send you all of the details and a list of your rights within five days unless they have done ALL that is required in the initial phone call. (Chances of that happening? One in a quintillion, so don't hold your breath.) If you have a voice recorder and it is permitted (do a search on telephone calling in 1- and 2-party states), do so. If not, memorialize the conversations for your files. They'll be of good use later. Your first steps are to get the barriers in place to protect your sanity and privacy. Then you can move on to challenging their assertions. And start reading up on the FDCPA. Lots of stuff on this board you can look to.
The collections started @ 3 months ago, I am sure. I have a few letters in the mail with return envelopes asking to pay full amounts. I know one of the callers is from Trauner Cohen & Thomas... Heard they are pretty mean. I haven't seen any written info from them yet, and I am sure they're about to work on a lawsuit soon.
Did any of the letters contain a statement essentially saying that you have 30 days in which to dispute the claim, and, if yes, did you dispute within the 30 days? One thing you need to be on top of is requesting validation of each collection account within the 30-day window of your receipt of their correspondence. This should be sent Certified Mail, Return Receipt Requested (CMRRR) so that you have a record of it being sent and a record of their receipt. This assures you of some important protective rights under the FDCPA; the most relevant is the cessation of all collection activities until they have verified the account with information obtained from the original creditor (OC) and mailed by them to you. You should read the FDCPA and some of the topics here and elsewhere that deal with this statute. For the start, this is the one that you will be interested in. It defines what debt collectors can and cannot legally do in their collection efforts. This journey is not something that is completed overnight, nor is it a topic that you will learn overnight. Do not be afraid of asking questions. In your conversations with any collector, be careful not to admit to anything except that which is universally known (like the sun rising in the east). This protects your rights. If anyone presses, be polite, but firm, in saying that you need to see things in writing and that you will take the matter under advisement. Take copious notes. Trauner Cohen & Thomas are known to be related to the CACH system of rent-a-shingle attorneys that collect for junk debt buyers. These are bottom feeder litigants for companies that frequently have little documentation other than a spreadsheet with numbers on it, cannot prove their cases, and rely on default judgments to collect. They often make big mistakes. The key to stalling and foiling these is to not let a default judgment issue. But that is a ways down the road. Your first efforts are to put hurdles in their path so that you can have time to learn what you need to learn to handle the issues.
None of the letters I have seen request a dispute within 30 days... They all just have a bill attached, and state that they are collecting on behalf of the original debtor. I have taken some time, read a lot on this site, and also Bud Hibbs free download book. I am thinking about sending off these letters to each of the letters I have received, and have answered one call so far to see if I could handle it properly. I asked for her to send a letter to me stating what I owe and to whom I owe it to as I had never dealt with their company directly, and she kept pressing that she had sent a letter before. I asked her to not call me anymore as it was not a possibility for me to handle the issue through the phone, and she stated they have never called me in the past (which is a lie, they have called numerous times and haven't been able to reach me). I stated there had been numerous calls to the number in the past, and I was unable to answer (I know I shouldn't have said this after the fact). She caught me up a bit there, and then I reiterated I cannot handle the business over the phone, and I would like a letter in writing to me to handle the claim. I haven't received a letter yet, nor a call from them since. This was last week. Should I go ahead and send these letters out to the letters I currently have? Should I be answering each of the calls I get and requesting letters from them? I have my 3 credit bureaus, and there aren't many delinquent accounts on there, but I sure seem to be getting quite a few different collections calls / letters... Score is just under 600 rt now on all 3. It was over 700 before the divorce Thanks for your help... Still learning. I know as I work through this with your guys' help, everything will be better, just have to give it time & knowledge.
If I didn't respond to a letter, or answer a call, does the 30 day timer still start from their first attempt at contact, or does it just go from the first actual contact (me answering, etc). I know that if they send a certified letter that I have to sign for, then that would do it, but if the letters aren't certified, can I start the 30 day window by answering a call and sending a letter to them (cease comm)?
There is an assumption of a letter being received, which would start the 30-day clock. It starts whether you respond to a letter or not.
It might be helpful to speak to a consumer credit counsellor, preferably a non-profit organisation. at the very least they'll help you come up with a plan of action! Good luck!
If you are talking about Bud Hibb's cease/desist letters - last time I read it, you are inviting a lawsuit, simply because you leave them no other avenue of communication.
